Download or read book Protecting Designs in America written by William K. Wells and published by Page Publishing Inc. This book was released on 2022-08-01 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a primer for designers and attorneys who represent them for protecting product designs from copying by competitors. Particularly for consumer products, designers spend a great effort into making otherwise purely functional items into works of art one enjoys having displayed in their kitchen, bathroom, office, shop, and elsewhere. Yet unscrupulous competitors can copy or mimic the designs often with impunity. To the extent designers have attempted to protect the design through some form, the effort often falls short. Product designers, sometimes referred to as industrial designers, typically are not aware of the plethora of alternatives available to them and which of these offer the best avenue of protection for the lowest cost. Often the lawyers who represent them are so focused on one particular approach, while other alternatives are overlooked. This book brings to light the various modes of protection for designers with detailed analysis of each from a realaEUR"world perspective. The three major modes of intellectual property rights for designers are design patents, trademarks or trade dress, and copyright. Each of these has its own special characteristics that make it a good or bad choice depending on the nature of the design and the willingness of the designer to bear the costs and effort in securing the rights. Some rights may be obtained relatively easily but extremely difficult to enforce. Others may require additional effort and cost up front but will bear more fruit when asserted against an infringer. The book breaks down each IP right into the ease of obtaining the right, remedies associated with each, and the challenges in enforcing them. For attorneys, the book combines in one place the advantages and disadvantages of each mode of protection with discussion of relevant case law and statutes. Most attorneys have expertise in at least one of the three major modes of protection but not all three. This material will enable attorneys to better appreciate other areas of specialty in advising clients. Similarly, the designer will be able to assess the individual attorney's expertise and, if necessary, bring together a multiaEUR"disciplined approach to protect a unique product design.
Download or read book Industrial Design Protection in the United States of America Present Situation and Plans for Revision written by William T. Fryer and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Industry in the United States of America has shown an increased interest in industrial design protection. This conclusion is based on several recent developments, including significant court decisions and an increased number of design patent applications received by the Patent and Trademark Office (PTO). Another important fact is the renewed effort to improve industrial design protection, by adding an additional form of industrial designs intellectual property law. The basic intellectual property law (hereinafter all reference to the law will be U.S.A. law unless otherwise indicated) available now for industrial design protection is the design patent, but there has been significant use of trademark law and some copyright law for certain designs. The consensus in the legal community and many industries is that a better way is needed to protect industrial designs. Generally, the present systems take too long to obtain protection. These rights are difficult to enforce in court and, usually, it is not clear what industrial design features are protected.
Download or read book The Origins of American Design Protection written by Jason J. Du Mont and published by . This book was released on 2017 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many firms invest heavily in the way their products look, and they rely on a handful of intellectual property regimes to stop rivals from producing look-alikes. Two of these regimes - copyright and trademark - have been have been closely scrutinized in intellectual property scholarship. A third, the design patent, remains little understood except among specialists. In particular, there has been virtually no analysis of the design patent system's core assumption: that the rules governing patents for inventions should be incorporated en masse for designs.One reason why the design patent system has remained largely unexplored in the literature is that scholars have never explained how and why the system came to exist. This Article seeks to provide that account. We show how technological innovation in early American manufacturing (especially in the cast-iron goods industry) created unprecedented opportunities for creativity in industrial design, and a concomitant expansion in design piracy. We analyze manufacturers' lobbying efforts that led to the first American legislative proposals for design protection, and we connect those proposals to antecedents in British copyright and design registration legislation. We also explain how these early proposals were transmuted into design patent proposals, and we explore the idiosyncratic political circumstances that surrounded the eventual passage of the design patent bill. We conclude by reassessing the modern design patent regime in view of insights drawn from our historical account.
Download or read book Design Law written by Uma Suthersanen and published by . This book was released on 2010 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title shows how designs can be protected using the entire intellectual property system. It covers the protection of artistic, industrial and functional designs and examines protection under EC legislation.
Download or read book Design Protection written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Trademarks, and Copyrights and published by . This book was released on 1965 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers S. 1237, to establish copyright-like protection for original ornamental designs.
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Download or read book Protection of Industrial Designs of Useful Articles written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice and published by . This book was released on 1989 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intellectual Property in Industrial Designs written by John R. Thomas and published by DIANE Publishing. This book was released on 2011 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. Under current intellectual property laws, industrial designs (ID) may potentially be protected through design patents, trade dress, and copyright. In addition, the Vessel Hull Design Protection Actestablished a specialized, or sui generis, intellectual property right for the protection of boat hull designs. Some experts argue that the present intellectual property regime does not adequately protect ID. Contents of this report: (1) ID and Intellectual Property: Copyright; Trade Dress; Design Patents; Vessel Hull Design Protection; (2) Current Issues in ID Protection: Intellectual Property Rights in Fashion Designs; U.S. Adherence to the Hague Convention; Auto Spare Parts; Judicial Developments Concerning ID Patents; (3) Issues in Innovation and Competition.
Download or read book Industrial Design Protection written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice and published by . This book was released on 1991 with total page 1250 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Bill to Provide Protection for Fashion Design written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and published by . This book was released on 2006 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Design Protection and Other Patent Bills written by United States. Congress. House. Committee on Patents and published by . This book was released on 1935 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Innovative Design Protection and Piracy Prevention Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property, Competition, and the Internet and published by . This book was released on 2011 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Design Protection written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1960 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Design Protection written by United States. Congress. House. Committee on Patents and published by . This book was released on 1932 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Protecting Creativity in Fashion Design written by Susanna Monseau and published by Taylor & Francis. This book was released on 2023-03-17 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world’s biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while, in the EU, the CJEU’s interpretation of the pan-European design rights system has created significant overlap with copyright law and risks, leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection, and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters that can also help create a fair equilibrium between protection and borrowing in fashion design.
Download or read book Design Protection written by United States. Congress. Senate. Judiciary and published by . This book was released on 1965 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Design Protection and Other Patent Bills Hearings May 23 1935 74 1 written by United States. U.S. Congress. House. Committee on patents and published by . This book was released on 1935 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt:
